Possibility of Arresting Domestic Violence Perpetrators in the Act... Up to 3 Years Imprisonment for Repeat Violators of Restraining Orders

[Asia Economy Reporter Baek Kyunghwan] Punishments for domestic violence crimes and laws protecting victims will be strengthened. Once the new law is enacted, police officers dispatched to domestic violence scenes will be able to make on-the-spot arrests according to the Criminal Procedure Act when initiating investigations.

On the 13th, the Ministry of Justice announced that the partial amendment bill of the "Special Act on the Punishment of Domestic Violence Crimes, etc.," which strengthens responses, punishments, and victim protection for domestic violence crimes, was approved at the Cabinet meeting. The amended law will take effect on January 21 of next year.

First, under the amended law, police officers dispatched to domestic violence scenes must inform victims that they can make on-the-spot arrests according to the Criminal Procedure Act and can request "victim protection orders" and "personal safety measures."

Violating temporary measures such as restraining orders can result in imprisonment for up to one year, a fine of up to 10 million KRW, or detention. Repeat offenders may face imprisonment for up to three years or fines of up to 30 million KRW.

The scope of temporary restraining orders against victims has been expanded to include not only "specific locations" but also "specific persons," such as the victim or family members. Considering the possibility of recidivism during the exercise of child visitation rights, a "restriction on visitation rights" has been added to the types of victim protection orders, and the duration of victim protection orders has been extended to a maximum of one year, with the total disposition period extended to up to three years.

Additionally, crimes such as "residential intrusion and refusal to vacate" have been added to domestic violence offenses, and to correct the behavior of perpetrators and prevent recidivism, counseling can be entrusted to counseling centers at the temporary measure stage. Furthermore, those who receive guilty verdicts can be ordered to attend and complete courses, and failure to do so may result in criminal punishment.

A Ministry of Justice official stated, "We will continue to improve laws and systems to strictly respond to domestic violence crimes and ensure that there are no gaps in punishment and victim protection."

This content was produced with the assistance of AI translation services.